Full Terms & Conditions
These terms and conditions (the "Terms and Conditions")
are the terms and conditions upon which Flowers Same Day ("we/us")
makes this website (the "Flowers Same Day Site") available
to you and any of our services which are accessible on or
via the Flowers Same Day Site (the "Flowers Same Day Service").
These Terms and Conditions govern your use of the Flowers
Same Day Site and the Flowers Same Day Service.
1. Flowers Same Day products
1.1 All Flowers Same Day Products as depicted on this website
(as may be varied from time to time) are available almost
everywhere in the UK, Channel Islands, Ireland and Isle of
Man.
1.2 Flowers Same Day Products may be delivered by us in bud
to ensure longer life.
1.3 Some Flowers Same Day Products, Flowers and Plants may
be harmful or poisonous, if you require further information
before submitting an order please contact the Flowers Same
Day Customer Service Team using the contact details set out
in Section 6 below.
1.4 All Flowers Same Day Products are subject to availability.
In the event of any supply difficulties, we reserve the right
to substitute an Flowers Same Day Product of equivalent value
and quality without notice.
1.5 In the event that we are unable to supply the Flowers
Same Day Product or any substitute product to you at all,
we shall notify you as soon as is reasonably possible and
shall reimburse your payment in full and in any event no later
than 30 days after the intended delivery date.
2. Prices
2.1 Prices listed within the Flowers Same Day Service are
valid for a maximum of 14 days of submitting your purchase
form.
2.2 Prices include VAT for deliveries within the UK, Ireland
and Channel Islands, but exclude Flowers Same Day Delivery
(£4.99) and the transmission charge for overseas orders (£7.95).
3. Orders / Payment
3.1 You will be given clear instructions to follow to navigate
the Order Form and you shall be required to provide us with
your complete personal details, including accurate postcode,
together with those of the intended recipient and all necessary
payment details. We accept payment by all major credit and/or
debit cards including Electron, but not department store cards
and any other credit and/or debit cards as we may specify
from time to time. By clicking on the 'check out' button on
the Order Form, you are consenting to be bound by our terms
and conditions contained in these Terms and Conditions and
appearing anywhere on the Flowers Same Day site.
3.2 Submitting your Order Form is subject to our acceptance
of this offer when we issue a written confirmation of acceptance
by e-mail to the e-mail address with which you have addressed
us. This message will re-confirm elements of the order(s)
you have placed including confirmation of your card message.
We will not consider ourselves bound by a contract with you
until we have distributed your item.
3.3 We will confirm your order details and advise you that
we are processing your purchase when we e-mail you.
3.4 We cannot accept Order Forms from customers under the
age of eighteen (18) years.
4. Delivery
4.1 Except where stated, Flowers Same Day Delivery of £4.99
will be applicable within the UK, Ireland, Isle of Man and
Channel Islands. If you request delivery to remote areas which
are not normally delivered to by an Flowers Same Day florist
you will be advised of any additional charges as soon as possible
upon receipt of your Order Form.
4.2 Should you require your delivery to be made within a specific
time period we are able to offer the following delivery services:
4.2.1 'Before 1pm'/'after 1pm' service is available at a charge
of £3 in addition to Flowers Same Day Delivery of £4.99. The
service is offered to orders for delivery within the UK, Ireland,
Isle of Man and Channel Islands. Should you require this delivery
service, your Order Form must be submitted (requesting this
service) by 1pm 24 hours in advance of the required delivery
date (1pm Saturday in the case of Monday deliveries). This
delivery service is offered subject to availability and is
not available for certain products – the service may be withdrawn
without notice during busy periods.
4.2.2 '3 hour delivery' service is available at a charge of
£5.50 in addition to Flowers Same Day Delivery of £4.99. The
service is offered for orders to selected delivery locations
within the UK, Ireland, Isle of Man and Channel Islands. Should
you require this delivery service, your Order Form must be
submitted (requesting this service). This delivery service
is offered subject to availability and is not available for
certain products – the service may be withdrawn without notice
during busy periods. This delivery option is not available
for orders requesting Champagne as part of the order.
4.3 On acceptance by us of your Order Form we will advise
you by e-mail confirmation of the intended delivery date.
Where same day delivery is available for the product you are
ordering for delivery within the UK, Ireland, Isle of Man
and Channel Islands we must receive your Order Form by 2pm
(prevailing British local time). We will process Order Forms
received on Sundays or Public Holidays the next working day.
We do not deliver on Sundays or public holidays but in this
case we will deliver the Flowers Same Day Product you request
on the next working day.
4.4 Incorrect personal details may lead to problems or delays
in delivery, so before placing your order, please ensure that
you have included the full address details, including accurate
postcode of the intended recipient and your daytime contact
telephone number and/or an e-mail address so that we can notify
you in the event that any delivery problems are encountered.
4.5 Whilst we agree to use all reasonable endeavours to ensure
that delivery will be on the requested delivery date you acknowledge
that actual delivery will be via a local florist and in very
occasional circumstances delivery on the requested terms will
not be possible. In such circumstances you will be given prior
notice wherever possible and we shall either make alternative
arrangements or shall reimburse your payment in full in accordance
with clause 1.5 above.
4.6 In case of delivery to certain locations where a third
party is involved, such as offices, hospitals, airports, hotels,
ships and other business locations, the signature of any person
authorised to accept delivery on behalf of the organisation
shall be accepted as proof of delivery to your chosen recipient.
4.7 In respect of orders outside the UK, Channel Islands and
Ireland, delivery shall be made as soon as is reasonably practicable
but you acknowledge that delivery on the intended delivery
date, particularly in respect of orders received for same
day delivery or for Sundays and Public Holidays, cannot be
guaranteed.
4.8 It is possible to select a preferred delivery time within
the order process for items ordered from the 'Funeral' product
ranges. This option should be used only for orders requesting
delivery to funerals or funeral parlours. Whilst every effort
will be made to ensure your order is delivered prior to the
time selected, no guarantee for delivery by the time specified
can be given. To assist us in meeting your preference, please
ensure your order is placed at least one working day prior
to the preferred delivery time.
4.9 In the instance of there being difficulties in delivering
your order to the intended recipient we (including the florist)
reserve the right to contact the recipient using the contact
details you provide on the Order Form.
4.10 When placing your order you are able to specify further
delivery information using the 'Information' field provided.
This is intended to provide further guidance to the party
delivering your order which isn't included within your address
information – for example to specify floor number, or hospital
ward. We reserve the right to not action any delivery requests
specified in this field which we deem unacceptable and will
use other elements of address information provided elsewhere
on the order form to fulfil your order.
5. Cancellation
5.1 Orders may be amended or cancelled up to 24 hours before
the intended delivery date for UK, Ireland and Channel Islands.
Where delivery is to be made outside UK, Ireland and Channel
Islands please provide notification 48 hours before the intended
delivery date.
5.2 To amend or cancel your order, please contact the Flowers
Same Day Customer Service Team from 8am until 5.30pm Monday
to Friday and 9am until 2pm on Saturday using the contact
details set out in Section 6 below.
5.3 You are entitled to cancel any payment at any time where
fraudulent use has been made of your credit or debit card
by another person not acting on behalf of you or as your agent
and to be re-credited by us to the extent that such sums are
not reimbursed by the card issuer in such circumstances.
6. Flowers Same Day customer services
6.1 In the event that you are not satisfied with the Flowers
Same Day Service any complaints should be addressed in the
first instance to:
By email: customerservice@flowerssameday.co.uk
By telephone: 01228 524798
By fax: 01228 633155
By post:
Flowers Same Day Head Office
55 Brook Street
Carlisle
Cumbria
CA1 2HW
6.2 Our Customer Service Team is available from 8am until
5.30pm Monday to Friday and 9am until 2pm on Saturday.
6.3 Because of the perishable nature of Flowers Same Day Products
and in order to assist us in resolving any complaints quickly
and to our mutual satisfaction, we advise you to make any
complaint within 1 working day of the date of delivery or
intended delivery of your purchase.
7. Disclaimer
7.1 Whilst we agree to use our reasonable endeavours to ensure
that the Flowers Same Day Site and/or the Flowers Same Day
Service is fully operational and error-free we cannot guarantee
this and, therefore, accept no responsibility for any defects
and/or interruption of the Flowers Same Day Site and/or the
Flowers Same Day Service and shall be released from our obligations
under these Terms and Conditions in the event of any cause
beyond our reasonable control which renders the provision
of the Flowers Same Day Site and/or the Flowers Same Day Service
impossible or impractical.
7.2 (a) We accept liability for death or personal injury arising
from our negligence.
(b) Subject to clause 7.2(a), our liability in contract, tort
(including negligence and breach of statutory duty) or otherwise
arising by reason of or in connection with your Order Form
with us shall be limited to a multiple of [5] times the price
you have paid for the Flowers Same Day Products.
(c) Subject to clauses 7.2(a) and 7.2(b) above we exclude
all liability for any claims, losses, demands and damages,
including without limitation, any costs, loss of profits,
loss of contracts or business opportunity, loss of data and
any other consequential, incidental, special or punitive damages,
even if we have been advised of the possibility of such damages,
arising directly or indirectly out of or in any way connected
with your use or inability to access the Flowers Same Day
Site and/or the Flowers Same Day Service, whether arising
in contract, tort (including negligence), under statute or
otherwise PROVIDED THAT nothing contained in these Terms and
Conditions affects or will affect your or the recipient's
statutory rights in relation to the quality, fitness or description
of the Flowers Same Day Products supplied.
(d) Subject to clauses 1.5 and 4.5 above, we shall not be
liable for any delay or inability to perform our obligations
to you if such delay is due to any cause whatsoever beyond
our reasonable control.
8. Use of Flowers Same Day.co.uk discount voucher codes
8.1 'Flowers Same Day.co.uk discount voucher codes' (also
abbreviated to 'Voucher codes') can only be used against purchases
made on Flowers Same Day.co.uk.
8.2 Voucher codes may only be redeemed on Flowers Same Day.co.uk
- we are unable to accept voucher codes through Flowers Same
Day Telesales or Member shops.
8.3 Voucher codes may be redeemed against floral sales requesting
delivery to UK addresses only. Selected voucher codes may
be restricted for use against specified products only.
8.4 Voucher codes are restricted to one use per customer and
should not be passed on to additional recipients.
8.5 Voucher codes must be entered at the point of placing
your order on Flowers Same Day.co.uk using the relevant part
of the order form.
8.6 We are unable to apply a discount to orders already placed.
8.7 Voucher codes cannot be used in conjunction with any other
promotions.
8.8 Only one voucher code may be used per order.
8.9 Where the voucher code entitles you to a percentage discount,
the discount will not be applied to the delivery charge ('delivery'
includes additional delivery services, which are charged in
conjunction with Flowers Same Day Delivery, for example 'before
1pm delivery' surcharge).
8.10 Voucher codes may be withdrawn, or suspended without
notice for any reason. We will advise you within the order
process if we cannot accept the discount code you have entered.
8.11 Selected voucher codes may be restricted for use against
specified products - details of further restrictions will
be communicated at the point where we promote the voucher
code to you.
8.12 Voucher codes may also be set by Flowers Same Day to
a maximum number of redemptions – if we are not able to accept
the discount code you have entered for this reason we will
advise you accordingly in the order process and the discount
will not be applied.
8.13 Vouchers codes cannot be exchanged for a cash alternative.
8.14 We are unable to accept Interflora Gift Vouchers or Flora-Cheques
on flowerssameday.co.uk.
8.15 We cannot be held responsible for non-availability of
Flowers Same Day.co.uk which may prevent use of Voucher codes.
8.16 Changes to these terms of use may be made at any time.
9. Champagne and Finishing Touches
9.1 3-hour service not guaranteed on Champagne.
9.2 Available as a Finishing Touch & via designated Gift Sets
only.
9.3 We reserve the right to replace brands shown to equal
value and quality.
9.4 Available in selected delivery areas only - product range
may be restricted for certain delivery locations.
9.5 Under the Licensing Act of 1964 (UK) and 1976 (Scotland)
it is an offence for any person under 18 years to buy, or
attempt to buy, alcoholic liquor. It is an offence under Sections
32 and 33 of the Intoxicating Liquor Act 1988 (Ireland) for
any person under 18 to buy, or attempt to buy, intoxicating
liquor. It is an offence under Licensing (Northern Ireland)
Order 1990 for any person under 18 to buy, or attempt to buy,
intoxicating liquor.
9.6 We are unable to offer Champagne or other Finishing Touches
with products ordered from our Funeral range.
10. General
10.1 We reserve the right to supplement and amend the Terms
and Conditions on which you are permitted access to the Flowers
Same Day Site and/or the Flowers Same Day Service from time
to time. We will post any changes on the Flowers Same Day
Site and it is your responsibility as a customer to review
the Terms and Conditions on each occasion you access the Flowers
Same Day Service or Flowers Same Day Site. Changes will be
effective five (5) hours after the posting of any such change
and all subsequent dealings between you and us shall be on
the new terms and conditions.
10.2 Additionally, we reserve the right to suspend, restrict
or terminate access to the Flowers Same Day Site and/or the
Flowers Same Day Services for any reason at any time.
10.3 These Terms and Conditions shall be deemed to include
all other notices, policies, disclaimers and other terms contained
in the Flowers Same Day Site, provided that in the event of
a conflict between any such other notices, policies, disclaimers
and other terms, these Terms and Conditions shall prevail.
If any of these Terms and Conditions is held to be invalid
or unenforceable, the remaining provisions shall remain in
full force and effect.
10.4 We shall ensure that we comply with the requirement of
all current data protection legislation including, without
limitation, the Data Protection Act 1998 (as replaced, modified
or re-enacted from time to time). We shall only use personal
data received from you for the purpose of fulfilling our obligations
under these Terms and Conditions and as stated in our Privacy
Policy.
10.5 A person who is not a party to the agreement between
you and us has no rights under the Contracts (Rights of Third
Parties) Act 1999 to enforce any of the Terms and Conditions
but this does not affect any right or remedy which exists
apart from that Act.
10.6 Save in respect of fraudulent misrepresentation, this
agreement (including any documents and instruments referred
to herein) supersedes all prior representations, arrangements,
understandings, and agreements between you and us (whether
written or oral) and sets forth the entire agreement and understanding
between you and us relating to the subject matter hereof.
10.7 Your purchase will be deemed to have occurred in the
UK. These Terms and Conditions shall be governed by and construed
in accordance with English Law and the parties agree to submit
to the exclusive jurisdiction of the English courts. |
